What happens when multiple parties win against the same losing party?

Detailed explanation of the procedural indemnity (PI) in Belgium: Article 1022 Judicial Code, Royal Decree, calculation methods, indexation, and current amounts.

What happens when multiple parties win against the same losing party?

A statutory cap applies: the total indemnity owed by one losing party cannot exceed twice the highest applicable maximum amount.

Article 1022, fifth paragraph, of the Judicial Code sets a cap to prevent disproportionate cumulation:

• When multiple parties prevail against the same losing party, the total procedural indemnity owed by that losing party may not exceed twice the maximum procedural indemnity applicable to the highest-entitled winning party.

• Additionally, when a single lawyer represents multiple winning parties in the same judicial relationship, the procedural indemnity is treated as a single amount shared among them — not multiplied per party. This was confirmed by the Court of Cassation on 9 December 2021.

These rules are particularly relevant in multi-party commercial or construction disputes, where a single defendant faces claims from several claimants represented by different or the same lawyers.

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This information is maintained with care, but legislation changes. Have you noticed an inaccuracy or have a suggestion to improve this page? Let me know via pieterjan@scheir.eu.

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